Government Notices — Other

Marriage Act

certificate of permanent registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

February 20, 2017 to February 24, 2017

certificates of temporary registration as person authorized to solemnize marriage in Ontario have been issued to the following:

February 20, 2017 to February 24, 2017

certificate of cancellation of registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

February 20, 2017 to February 24, 2017

Alexandra Schmidt
Deputy Registrar General

(150-G112)

Change of Name Act

notice is hereby given that the following changes of name were granted during the period from February 20, 2017 to February 26, 2017, under the authority of the Change of Name Act, R.S.O. 1990, c.c.7 and the following Regulation RRO 1990, Reg 68). The listing below shows the previous name followed by the new name.

Alexandra Schmidt
Deputy Registrar General

(150-G113)

Public Guardian and Trustee

Certificate of the Public Guardian and Trustee

(pursuant to s. 13.1 of the Public Guardian and Trustee Act, R.S.O. 1990, c. P.51, as amended)

1. Effective April 1, 2017, interest shall be computed from the day on which the money was received by the Public Guardian and Trustee to the day before the date on which the money is available for payment to the person or trust entitled thereto and be added to each account and compounded at the end of each month;
   1. subject to subparagraphs (b) and (c) and paragraph 2 of this Certificate, on funds managed under the Mental Health Act, Substitute Decisions Act, Trustee Act, Victims’ Right to Proceeds of Crime Act, Ontario Disability Support Program Act, Powers of Attorney Act, Canada Pension Plan Act or other trust accepted by the Public Guardian and Trustee, at the rate of 1.85% per annum payable monthly and calculated on the closing daily balance;
   2. on funds managed under the Crown Administration of Estates Act, at the rate of 1.85% per annum payable monthly and calculated on the closing daily balance;
   3. on funds managed under the Cemeteries Act, at the rate of 1.85% per annum, payable monthly and calculated on the closing daily balance.
2. Effective April 1, 2017, funds managed by the Public Guardian and Trustee pursuant to the Escheats Act and funds transferred to the Unadministered Estates Account of the Public Guardian and Trustee shall bear interest at the rate of 0%.
3. 1. Effective April 1, 2017, interest shall be computed from the day on which money was received by the Accountant of the Superior Court of Justice to the day before the date on which the money is available for payment to the person entitled thereto and be added to each account and compounded at the end of each month.
   2. Money paid or transferred to the Accountant of the Superior Court of Justice bears interest on the closing daily balance,
      1. in the case of money required to be held in United States currency, at the rate of 01.00%;
      2. in the case of money deposited for the benefit of minors and parties under disability, at the rate of 1.85% per annum, payable monthly; and
      3. in the case of all other money, including litigants, at the rate of 1.85% per annum, payable monthly.

Dated: March 1, 2017

Kenneth Goodman
Public Guardian & Trustee
Approved by the Investment Advisory Committee pursuant to section 13.1 of the Public Guardian and Trustee Act, on March 1, 2017.

Mark Fuller
for Investment Advisory Committee

(150-G114)

Order in Council

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council, orders that:

O.C. 510/2017

whereas pursuant to subsection 2(1) of the Executive Council Act, R.S.O. 1990, c. E.25, a member of the Executive Council has been appointed under the Great Seal to hold office as the Minister Responsible for Small Business;

therefore, pursuant to subsections 2(2), 5(1) and 8(1) of the Executive Council Act:

Minister

1. The Minister shall exercise the powers and perform the duties, functions and responsibilities that are assigned by law to the Minister or that may otherwise be assigned to or undertaken by the Minister in respect of small business and any other matters related to the Minister’s portfolio.
2. The Minister shall exercise the powers and perform the duties, functions and responsibilities under the Attracting Investment and Creating Jobs Act, 2012, S.O. 2012, c. 10, that had previously been assigned and transferred to the Minister of Economic Development and Growth under Order in Council O.C. 1339/2016 dated September 14, 2016 and such powers, duties, functions and responsibilities are assigned and transferred accordingly.
3. The Minister shall exercise the powers and perform the duties, functions and responsibilities under the Ministry of Economic Development and Trade Act, R.S.O. 1990, c. M. 27 in respect of small business that had previously been assigned and transferred to the Minister of Economic Development and Growth under Order in Council O.C. 1339/2016 dated September 14, 2016 and such powers, duties, functions and responsibilities are assigned and transferred accordingly.

Administration of Statutes

4. Despite any provision of a statute or Order in Council, the administration of the statutes set out in the Appendix to this Order in Council is assigned to the Minister.

Amendment of Order in Council

5. Order in Council O.C. 1339/2016 dated September 14, 2016 is hereby amended and shall be interpreted accordingly.

Recommended
Kathleen O’Day Wynne

Premier and President of the Council

Concurred
Deborah Drake Matthews

Chair of Cabinet

Approved and Ordered March 1, 2017.
Elizabeth Dowdeswell

Lieutenant Governor of Ontario

Appendix

Statutes Administered by the Minister Responsible for Small Business

Attracting Investment and Creating Jobs Act, 2012, S.O. 2012, c. 10

Ministry of Economic Development and Trade Act, R.S.O. 1990, c. M. 27 in respect of small business

(150-G115E)

Notice of Minister of Health and Long-Term Care

Notice of Proposed Regulations

made under the

Personal Health Information Protection Act, 2004

The Minister of Health and Long-Term Care on behalf of the Government of Ontario invites public comments on a proposed regulation that would amend Ontario Regulation 329/04 of the Personal Health Information Protection Act, 2004 (“PHIPA”).

PHIPA came into force on November 1, 2004. Ontario Regulation 329/04, entitled “General,” made under PHIPA also came into force on November 1, 2004. The Government is proposing two amendments to the General regulation, setting out the requirements for when health information custodians are to report on thefts, losses and unauthorized uses and disclosures of personal health information to Ontario’s Information and Privacy Commissioner. PHIPA requires that the Minister publish a notice of the proposed regulation and allow 60 days for public comment, after which the Minister reports to the Lieutenant Governor in Council, who may then finalize the regulation with or without changes.

Content of Proposed Regulation

If approved, the amendments proposed to Ontario Regulation 329/04 under PHIPA would require that health information custodians, e.g., hospitals, primary care offices and long-term care homes, notify the Information and Privacy Commissioner of the following:

• Notice to Commissioner re: theft, loss, etc.–The number of notices the health information custodian has issued to individuals in a calendar year, in accordance with section 12(2) of PHIPA, which requires notice to an individual if personal health information about the individual is stolen, lost, or used or disclosed without authority. Submission of the report would be required by March 1 of the subsequent calendar year. The first report would have to be submitted in 2019; and
• Notice to Commissioner, prescribed circumstances – Notice to the Commissioner in accordance with section 12(3) if a theft, loss, or unauthorized use or disclosure of personal health information meets the prescribed circumstances set out in the amendment.

Invitation to Provide Comments on Proposed Regulation

The public is invited to provide written comments on the proposed regulations over a 60-day period, commencing on March 11, 2017 and ending on May 9, 2017.

In providing comments, please consider whether the proposed regulations should be made, with or without changes. Please be as specific as possible, and provide a full rationale for any suggested changes.

Written comments may be addressed to:

Mr. Eric Sutherland

Director/A, IM Strategy and Policy Branch

Ministry of Health and Long-Term Care

Health System Information Management

1075 Bay Street, 13^th Floor

Toronto ON M5S 2B1

Fax: (416) 314-6731

Email: healthprivacy.moh@ontario.ca

The proposed regulation set out following this notice is provided in English and French. We welcome your input in either English or French. All comments and submissions received during the comment period will be considered during final preparation of the regulation. The content, structure and form of the proposed regulation is subject to change as a result of the comment process with the discretion of the Lieutenant Governor in Council, who has the final decision on the contents of any regulation.

Copies of the Personal Health Information Protection Act, 2004, and Ontario Regulation 329/04 are available at: /laws/statute/04p03.

Please note that unless requested and agreed to by the Ministry, all materials or comments received from organizations in response to this Notice will be considered public information and may be used and disclosed by the Ministry to assist the Ministry in evaluating and revising the proposed regulation. This may involve disclosing materials or comments, or summaries of them, to other interested parties during and after the request for public comment process. An individual who provides materials or comments and who indicates an affiliation with an organization will be considered to have submitted those comments or materials on behalf of the organization so identified. Materials or comments received from individuals who do not indicate an affiliation with an organization will not be considered public information unless expressly stated otherwise by the individual. However, materials or comments provided by individuals may be used and disclosed by the Ministry to assist in evaluating and revising the proposed regulations. Personal information of those who do not specify an organizational affiliation, such as an individual’s name and contact details, will not be disclosed by the Ministry without the individual’s consent unless required by law. If you have any questions about the collection of this information, you can contact the Freedom of Information and Privacy Coordinator of the Ministry of Health and Long-Term Care at (416) 327-7040.

Ontario Regulation

to be made under the

personal health information protection act, 2004

Amending O. Reg. 329/04

(GENERAL)

1. (1) Ontario Regulation 329/04 is amended by adding the following section:

Notice to Commissioner re: theft, loss, etc

6.3 On or before March 1 in each year after 2018, a health information custodian shall inform the Commissioner of the number of notices given by the custodian under subsection 12 (2) of the Act in the previous calendar year.

(2) Section 6.3 of the Regulation, as enacted by subsection (1), is amended by adding the following subsection:

(2) At the request of the Commissioner, a health information custodian shall provide the Commissioner with the following information:

1. Information contained in any notice given by the custodian to an individual under subsection 12 (2) of the Act.
2. Information that the custodian relied on in deciding to notify the individual under subsection 12 (2) of the Act.

2. The Regulation is amended by adding the following section:

Notice to Commissioner, prescribed circumstances

6.4 (1) The following are prescribed for the purposes of subsection 12 (3) of the Act as circumstances in which a health information custodian must notify the Commissioner of a theft, loss or unauthorized use or disclosure of personal health information:

1. The health information custodian has reasonable grounds to believe that the personal health information that was stolen, lost or used or disclosed without authority has been or will be subsequently used or disclosed without authority.
2. The theft, loss or unauthorized use or disclosure is part of a pattern of similar thefts, losses or unauthorized uses or disclosures of personal health information under the custody or control of the health information custodian.
3. The health information custodian has given notice to a College in accordance with subsection 17.1 (2), (4) or (5) of the Act in respect of a theft, loss or unauthorized use or disclosure of personal health information.
4. The health information custodian would have been required to give notice to a College in accordance with subsection 17.1 (2) or (4) of the Act in respect of the theft, loss or unauthorized use or disclosure of personal health information by the custodian’s agent if the agent were a member of the College.
5. The health information custodian has reasonable grounds to believe that the personal health information was intentionally used or disclosed without authority.
6. The circumstances do not meet the requirements in any of the preceding paragraphs, and the health information custodian determines that the theft, loss or unauthorized use or disclosure is significant, having regard to all relevant circumstances, including,
   1. the nature of the personal health information that was stolen, lost or used or disclosed without authority,
   2. the number of records of personal health information that were stolen, lost or used or disclosed without authority,
   3. the number of individuals whose personal health information was contained in the record or records that were stolen, lost or used or disclosed without authority, and
   4. the number of health information custodians or agents responsible for the theft, loss or unauthorized use or disclosure.

(2) In this section,

“College” means a College as defined in subsection 17.1 (1) of the Act.

Commencement

3. [Commencement].

(150-G116E)